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De Yaulus v. New York City Railway Co.

49 Misc. 648, 97 N.Y.S. 995
CourtAppellate Terms of the Supreme Court of New York
DecidedFebruary 15, 1906
StatusPublished
Cited by3 cases

This text of 49 Misc. 648 (De Yaulus v. New York City Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
De Yaulus v. New York City Railway Co., 49 Misc. 648, 97 N.Y.S. 995 (N.Y. Ct. App. 1906).

Opinion

Scott, J.

The plaintiff certainly showed! a disposition, both in hia complaint and in his testimony, to overstate his [649]*649injuries and Ms damages. Notwithstanding this, he undoubtedly suffered some pain and some interruption of his capacity to work. To give him only the amount of Ms doctor’s bill was to allow nothing for the elements of damage referred to and was inadequate. If he was entitled to anything, and the defendant concedes liability for the results of the accident, he was entitled to something more than was awarded him.

Giegebich and Gkbenbaum, JJ., concur.

Judgment reversed and new trial granted, with costa to appellant to abide event.

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Related

Meditz v. Liggett & Myers Tobacco Co.
167 Misc. 176 (City of New York Municipal Court, 1938)
Wachs v. New York Railways Co.
84 Misc. 632 (City of New York Municipal Court, 1914)
Huntington v. Rodgers
116 N.Y.S. 580 (City of New York Municipal Court, 1909)

Cite This Page — Counsel Stack

Bluebook (online)
49 Misc. 648, 97 N.Y.S. 995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-yaulus-v-new-york-city-railway-co-nyappterm-1906.